Can You Avoid Jail Time for a First-Time Drug Offense?

What Are Different Types of Drug Offenses in the State of Texas?

In Texas, drug crimes can range from minor misdemeanors to serious felonies depending on the types of drugs involved, the amount of drugs, as well as the unique circumstances related to the drug case. Drug possession is the most common type of drug crime in Texas, followed by delivery, manufacturing, and drug trafficking.

Drug possession relates to possessing a controlled substance without a valid prescription from a doctor or physician. The severity of drug possession charges will depend on the type of drug and the amount of drug involved. For example, possessing less than two ounces of marijuana is considered a Class B misdemeanor. Meanwhile, possessing more than 400 grams of a substance like heroin is considered a first-degree felony.

Drug delivery charges involve transferring controlled substances from one person or entity to another. Delivery charges include selling, dealing, giving away, and offering to give another person drugs.

Drug manufacturing charges relate to the production or creation of illegal substances. These charges include growing marijuana plants in your gardens, making methamphetamines in a lab, and more.

Drug trafficking crimes involve transporting and distributing large amounts of drugs for sale. This is the most serious type of drug charge in Texas, which typically results in costly fines and long-term prison sentences.

What Are the Potential Penalties for Drug Crimes in Houston, Texas?

The legal consequences for a drug crime conviction in Texas can be very severe. Depending on the type of drug, the amount of drug, prior convictions, and other criminal activities involved in the arrest, penalties could range from mere fines and probation to lengthy prison sentences.

Possession of less than two ounces of marijuana or weed is on the low end of drug offenses in the state. If convicted, you would face charges for a Class B misdemeanor, which is punishable by up to 180 days in jail and fines of up to $2,000. Class A misdemeanors could result in a year of incarceration, $4,000 in fines, or both.

Possession of less than one gram of cocaine is considered a felony in Texas. A conviction could result in anywhere between 180 days to two years in jail.

Possessing five to 50 pounds of psychedelic mushrooms is a third-degree felony. If convicted, the defendant faces a mandatory minimum sentence of two years in prison, though some Criminal Court judges may order up to a decade of prison.

Second-degree felonies are punishable by 2 to 20 years in prison, maximum fines of up to $10,000, or both. First-degree felonies could result in criminal sentencing between 5 and 99 years in prison or life in prison.

Do First-Time Drug Offenders Go to Jail if Convicted in Texas?

The charge and potential penalties for a first-time drug offense depend on the type of drugs involved, the amount of drugs, and any prior convictions for the defendant. A first-time drug possession charge could potentially be charged as a Class B misdemeanor if the defendant possessed only a small amount of marijuana. However, if the defendant possessed large amounts of any type of drug, they could be facing felony charges.

Not every criminal offense, whether it be a felony or a misdemeanor, comes with the possibility of jail time. In some cases, first-time offenders may be sentenced to a period of jail time even if they have no prior criminal record. The state of Texas has developed several programs for first-time criminal offenders to help keep them out of jail, ease the burden on the criminal justice system, and focus on rehabilitation for criminals. Whether or not you qualify for one of these programs will depend on the unique circumstances of your case and the defense presented by your criminal lawyer.

Factors that may influence the outcome of your drug crime case include the nature and amount of the drugs involved, your background and circumstances, and whether you have retained professional legal representation.

Will a First Offense Go on Your Criminal Record?

If you are convicted of any crime in Texas, that crime will appear on background checks as you now have a criminal record.

However, first-time offenders may qualify for interventions that could potentially keep drug offenses off of their records. To learn more about the possible interventions and ways to keep your record clean, please contact our law firm to discuss your case in a free case review today.

Are There Programs Available to First-Time Offenders in Texas?

There are several programs available to first-time drug offenders in Texas. These include:

• Deferred adjudication
• Pretrial diversion or pretrial intervention
• Record non-disclosure
• Specialty courts

Depending on the specific program you seek to join and the county in which you reside, the eligibility criteria for first-time offenders looking to get into a drug program may vary. In most circumstances, to be eligible you must have no prior convictions or arrests related to drug crimes, have not committed one of the eligible offenses listed by the program, have no other criminal offense cases that are currently pending, you have not previously participated in any other diversion program, can pay all fees for the program, and you must be able to submit proof of employment or education.

Many significant benefits come with completing a first-offender drug program. Not only could you potentially avoid jail time, but completing such a program can ensure that your charges are dismissed and that you will not have a criminal conviction on your record.

What Are Texas Drug Courts?

Drug court is a specialty court in Texas that recognizes addiction issues that drive drug use and possession and the associated crimes that support drug habits. Attending drug court may be available to nonviolent first-time felony drug offenders. The program offers mandatory treatment and ongoing support instead of a lengthy prison sentence.

If you are seeking to attend drug court or any other alternative sentencing programs, it is strongly recommended that you retain professional legal representation from an experienced drug crime lawyer. Our law firm is led by a former prosecutor, which grants her a unique perspective on drug crime cases. To learn more, please schedule your free, no-obligation case evaluation today.

Schedule a Free Consultation with an Experienced Criminal Defense Attorney in Houston, TX, Today

The state of Texas takes drug crimes very seriously. Even if you have been charged with a first-time drug offense, you still may face harsh penalties. However, alternative sentencing options are available for certain qualifying offenders that could keep the accused out of prison.

Our legal team is led by criminal defense attorney Shannon Drehner. Before becoming a criminal defense attorney, Drehner prosecuted organized crime. This experience grants her a unique perspective in criminal cases, which she would bring to your case if you decided to retain her legal representation.

To learn more about our legal services, please schedule your free case review today by contacting us at 832-626-0063.